JOBS ACT: PROJECT CONTRACTS SUPERSEDED

The enactment of the legislative decree on the subject of overhaul of contract types has resulted in the repeal of the provisions of articles 61 – 69 bis of Italian Legislative Decree 276/2003. The aforesaid legislative provisions shall continue to be applied only for contracts existing as of that date, while it will no longer be possible to stipulate new ones. In addition, as of 1 January 2016, for work considered "performance of work that is exclusively personal, continual and with performance procedures organised by the customer including in terms of the times and place of work” a presumption of employment shall be applied, with the sole exceptions of: (i) work governed by collective bargaining; (ii) work provided in exercising intellectual professions for which registration with a board is required; (iii) activities performed by members of administration and control bodies of companies; (v) work for amateur sports associations; (v) work for which certification of absence of employment requirements shall be requested from the commissions as per article 76 of Italian Legislative Decree 276/2003. Overall, the interventions on project work should pursue the aim of progressively leading to superseding the contract type which, probably more than all the rest, was instrumentalised to get around the requirement of actual employment contracts.